Criminal law on hate speech has become a hotly debated topic in the past decade. In the Netherlands and in England and Wales legislative changes and proposals abound, while cases such as the prosecution of MP Geert Wilders have received considerable attention. How to deal with hate speech in an increasingly pluralist society has become a pressing question. Moreover, with the attacks in New York, London and Madrid and the appearance of radical groups and individuals, such as Abu Hamza Al-Masri in England and the Hofstadgroep in the Netherlands, public debate has been dominated by the problems of terrorism and radicalisation. As a result, extreme speech – presumed to encourage radicalisation and terrorism – is a major issue.
This comparative study deals with how ideas behind the law on hate speech and extreme speech in the Netherlands and England and Wales – including the influence of European and international law – have developed since 2001 and how this can be explained by reference to their historical origins. The aim of this research is to discover how Dutch, English/Welsh and international law have developed over time, but more importantly: why it has developed in that way.
About the book
‘Van Noorloos wrote a thorough [book] in which she gives much attention to the theoretical aspects of the freedom of expression and its restrictions. [Researchers] will be challenged by her writings to undertake [comparative legal] research. […] an attractive contribution to the debate on freedom of expression.’
Fred Janssens in RMThemis (2013) 20.
I. Introduction (p. 1)
II. Theoretical framework (p. 9)
III. The European Convention on Human Rights (p. 57)
IV. The European Union and the Council of Europe (p. 121)
V. International law (p. 141)
VI. The Netherlands (p. 181)
VII. England and Wales (p. 253)
VIII. Synthesis (p. 303)
Afterword (p. 329)
Samenvatting (p. 331)
Bibliography (p. 341)
Curriculum vitae (p. 367)
The Human Rights Research Series’ central research theme is the nature and meaning of international standards in the field of human rights, their application and promotion in the national legal order, their interplay with national standards, and the international supervision of such application. Anyone directly involved in the definition, study, implementation, monitoring, or enforcement of human rights will find this series an indispensable reference tool.
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Editorial Board: Prof. dr. Antoine Buyse (Utrecht University), Prof. dr. Fons Coomans (Maastricht University), Prof. dr. Yvonne Donders (Chair - University of Amsterdam), Dr. Antenor Hallo de Wolf (University of Groningen), Prof. dr. Kristin Henrard (Erasmus University Rotterdam), Prof. dr. Nicola Jägers (Tilburg University), Prof. Titia Loenen (Leiden University) Prof. dr. Janne Nijman (T.M.C. Asser Instituut) and Prof. dr. Brigit Toebes (University of Groningen).
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